Himachal Pradesh High Court
Krishna Devi vs State Of Himachal Pradesh & Ors on 7 December, 2023
Bench: Vivek Singh Thakur, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPOA No. 6253 of 2020
.
Date of Decision : December 07, 2023
Krishna Devi ...Petitioner.
Versus
State of Himachal Pradesh & Ors. ...Respondents.
of
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
rt
The Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Rajeev Sharma, Advocate.
For the respondent : Mr. Anup Rattan, Advocate General with
Mr. Manoj Chauhan, Additional Advocate
General.
Sandeep Sharma, Judge (Oral)
In the instant petition, petitioner has prayed for the
following main relief:
"(i) That the respondents Department may kindly
be directed to give the work charge
status/regularization to the applicant with all
consequential benefits as Class-IV employee from her
due date as per the judgment passed in CWP No. 8127
of 2013 dated 13-05-2014."
Whether reporters of Local Papers may be allowed to see the judgment?
2. Before the case in hand is heard on its merits, learned
Counsel representing the petitioner while inviting attention of
.
this Court to judgment passed by the Division Bench of this
Court in CWP No. 8127 of 2013, titled as Sarvo Devi & others vs.
State of H.P. & others, contends that the issue raised in the
present petition stands adjudicated in the aforesaid case and, as
of
such, petitioner would be content and satisfied in case directions
are issued to the respondents to consider and decide the case of
the petitioner in light of the aforesaid judgment rendered by the
rt
Division Bench of this Court.
3. Mr. Manoj Chauhan, learned Additional Advocate
General is not averse to the innocuous prayer made on behalf of
the petitioner.
4. Having perused the relief prayed for in the petition vis-
a-vis judgment, sought to be relied upon, this Court finds that
the issue raised in the present petition has been adjudicated
in the aforesaid judgment, as such, no prejudice, if any, shall be
caused to the parties, if case of the petitioner is decided in
terms of the aforesaid judgment passed in Sarvo Devi's case
(supra), which has otherwise attained finality. Consequently, the
petition is disposed of with a direction to the respondents to
consider and decide the case of the petitioner in light of the
aforesaid judgment rendered by the Division Bench of this Court
in Sarvo Devi's case (Supra) expeditiously preferably within
four weeks and in case the petitioner is found to be similarly
.
situated, she shall also be entitled to the relief as has been
granted in Sarvo Devi's case (supra). Needless to say the
authorities while doing the needful shall afford opportunity of
hearing to the petitioner and pass a detailed speaking order
of
thereafter. Liberty reserved to the petitioner to file appropriate
proceedings if she still feels aggrieved.
Pending application(s), if any, also stand disposed of
accordingly.
rt
(Vivek Singh Thakur)
Judge.
(Sandeep Sharma)
Judge.
December 07 , 2023 (PK)
